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2017 (3) TMI 1848 - SUPREME COURTRejection of a plea of specific performance of contract - rejection solely on the ground of delay - appellant was always ready and willing to perform her part of the contract - HELD THAT:- The appellant acted promptly has always been ready and willing to perform her part of the contract, the delay per se cannot be a sole ground for refusal to grant a decree of specific performance of the contract. The High Court was not justified in dismissing the suit even though it found every issue in favour of the appellant and held that execution of the documents has been proved. Once the High Court had come to a definite conclusion that the appellant had made out her case, it should have directed specific performance of the agreement instead ordering refund of the advance amount with interest. The reasoning given by the High Court cannot be accepted or held sustainable in the eyes of law - Appeal allowed.
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